Incubeta Holdings (Pty) Limited v Mindshare South Africa (Gauteng) (Pty) Limited (07182/2016)
Incubeta Holdings (Pty) Limited v Mindshare South Africa (Gauteng) (Pty) Limited (07182/2016) [2020] ZAGPJHC 109 (6 May 2020)
The court found that the documents requested by the plaintiff in its rule 35(3) notice are relevant to the issues in the main action, including the breach of contract and quantum of damages. The defendant's objections based on irrelevance and wide framing were rejected, as the descriptions were specific and clear. Confidentiality was not accepted as a ground for refusal, and the defendant failed to substantiate claims of privilege. The plaintiff's application to compel discovery was granted, with modifications regarding the period for Xaxis invoices. The defendant's application to compel bett…
Source excerpt
- Discovery Of Documents
- Further Particulars For Trial
- Confidentiality In Discovery
- Breach Of Contract
- Quantum Of Damages